In re Freihofer
Surrogate's Court, Albany County, New York
658 N.Y.S.2d 811 (1997)
Steiner (defendant), appointed trustee of a testamentary trust for Freihofer's sons while also serving as beneficiary Andrew's (plaintiff) personal attorney, as attorney for the Freihofer Baking Company whose stock made up most of the trust assets, as trustee and executor for several other Freihofer family members, and as a Freihofer Baking Company board member, obtained a signed release and waiver from Andrew discharging Steiner from any liability as trustee; Andrew later petitioned to compel Steiner to provide a formal trust accounting despite the release.
Whether a beneficiary can waive his right to a trust accounting if the waiver is the result of a breach of the trustee's fiduciary duty.